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Frequently Asked Questions About DUI / DWUI
At Just Criminal Law, we help a lot of people facing DUI and DWUI charges in Wyoming and South Dakota. While every case is different, there are some questions that come up time and again.
Wyoming
In Wyoming, the criminal penalties connected to DUI charges depend on whether you have been convicted before. The first time you face a DUI conviction you could face:
- Up to 6 months in jail
- Up to $750 in fines
- Installation of an ignition interlock device if your blood alcohol content (BAC) was .15 or higher
Second and subsequent offenses mean mandatory minimum jail times, higher fines, longer license suspensions, and mandatory interlock devices. On your 4th offense, you could go to prison for up to 2 years.
South Dakota
South Dakota's DUI criminal penalties are more straight forward. On a first or second offense, you could face:
- Up to 1 year in jail
- $1,000 in fines
On a third offense you could face up to 2 years in prison and a $2,000 fine, as well as a 1 year license suspension. South Dakota does not require ignition interlock devices.
Criminal DUI charges only apply if your blood alcohol content (BAC) exceeds the legal limit. Those limits are the same in Wyoming and South Dakota:
- Most drivers: .08%.
- Minors under 21 years old: .02%.
- Commercial drivers: .04%.
How many drinks it takes to hit those limits depends on several factors, including:
- Gender
- Body weight
- Prescription medications
- Type of drink
- Alcohol by volume in the drink
- Speed of consumption
When alcohol is involved in a traffic stop, the police officer will most likely ask you to submit to a chemical blood alcohol test like a Breathalyzer. While you are legally allowed to refuse the breath test, doing so will affect your driver's license under Wyoming and South Dakota's "implied consent laws."
In Wyoming, the first refusal results in a 6 month suspension. Second or subsequent refusals result in an 18 month license suspension.
In South Dakota, any time you refuse a chemical blood alcohol test it will result in a one year license revocation.
A DUI or DWUI conviction in Wyoming or South Dakota will automatically result in a license suspension. How long the suspension lasts depends on your history of DUI convictions.
Wyoming
In Wyoming, the length of your license suspension increases with each DUI conviction:
- First offense: 90 days
- Second offense: 1 year
- Third offense: 3 years
On your fourth or subsequent offense, you could permanently lose your right to drive.
South Dakota
In South Dakota, the longest your license will ever be suspended is 1 year. However, depending on your case, it could be shorter:
- First offense: 30 days to 1 year
- Second offense: 180 days to 1 year
- Third offense: 1 year
A DUI conviction will continue to affect your sentencing for 10 years in both Wyoming and South Dakota.
A DUI /DWUI conviction is expensive. In addition to the fines and penalties described above, you could also face additional costs:
- Attorney fees
- Probation supervision fees
- Substance abuse treatment costs
- Alcohol screening costs
- Ignition Interlock Device installation
- License reinstatement
- Increased insurance premiums
All together, even a first offense DUI conviction could end up costing you more than $10,000.
DUI Defense Can Minimize Penalties
To minimizing the consequences of a DUI / DWUI conviction an experienced DUI defense team. At Just Criminal Law, we will fight to help you avoid a life-changing conviction. Call our office in Gillette, Wyoming, at 307-686-6556 or contact us online to schedule your personalized case review and strategy session with our dedicated client care specialist.
